Key Points
- High Court faces first challenge to rushed immigration laws as Chinese refugee contests "punitive" visa conditions.
- Under the new conditions, some criminals released from detention have to wear ankle bracelets and follow curfews.
- The Opposition insists that fast-tracking the new legislation was "necessary" for public safety.
The federal Opposition says there was "no alternative" but to rush immigration detention laws through parliament, as the first High Court challenge to them is launched.
A Chinese refugee known as S151, who arrived on a student visa in September 2001, is seeking a court declaration that now part of his bridging visa conditions, amount to punishment.
The new measures were included in legislation, which Labor and the Coalition , after the government was forced by a High Court decision to release 93 people from immigration detention.
The Opposition backs laws imposing strict conditions on people released from immigration detention. Source: AAP / Mick Tsikas
His lawyers say curfews are "typical of criminal sentences and house arrest conditions, not of administrative visa regulations imposed by the executive (government)".
Opposition home affairs spokesperson James Paterson stood by the legislation, which was necessary to protect the community.
Three murderers and several sex offenders are included in the group of released detainees, but many were also detained and awaiting deportation after committing more minor offences.
"There was no alternative but to rush it through," Senator Paterson told ABC radio on Thursday.
"The alternative would see these people released in the community with no enforceable restrictions at all.
"In the end, we produced a bill that the government has described itself as constitutionally sound and I know they will rigorously defend it in the High Court in this challenge."
